Courtesy copies are required for briefs, letter briefs, appendixs, exhibits, declarations, affidavits, and tutorials. Details: 2 copies, delivery upon filing. Two courtesy copies required for briefs and supporting documents; one copy for other documents.
Yes. A pre-motion letter is required for discovery. Joint letter required for discovery disputes after meet-and-confer
Judge Christopher J. Burke's rule states these limits: 3 pages; 3 pages; 1 pages. In limine requests/responses limited to 3 pages each, with 1 page allowed for reply.
Judge Christopher J. Burke's rule states these limits: 5 pages. Excludes caption, signature blocks, and certificates. Opposition letters for motions to amend must be filed within 7 days and limited to 5 single-spaced pages.
Judge Christopher J. Burke's formatting rule includes file format PDF, pdf for static demonstratives, and dvd or cd for video/animations. Demonstratives must be provided in PDF format, except videos/animations which require DVD/CD.
The rule requires relief sought. Moving party must clearly state relief sought in letter brief.
The rule requires witness list. Witnesses not listed in pretrial order are precluded from testifying unless good cause shown.
Parties may contact Judge Christopher J. Burke's chambers by email only as allowed by the rule. The rule lists email Samantha_Miller@ded.uscourts.gov. Joint Claim Construction Chart must be emailed in Word format to chambers at Samantha_Miller@ded.uscourts.gov.
The rule does not state that a motion to seal is required for the covered filing process. Process: file redacted on ecf. Redacted version of sealed documents must be filed electronically within 7 days.
No. The rule prohibits holding covered papers for bundling. ADR/mediation communications must not be filed or docketed.
Yes. Judge Christopher J. Burke's rules include a junior lawyer participation incentive. Judge encourages newer attorneys to argue motions they contributed to briefing for.
Judge encourages newer attorneys to argue motions they contributed to briefing for.
Parties must notify court if newer attorney will argue motion.
Court will grant oral argument if practicable when newer attorney will argue.
Court will consider allocating additional time for oral argument with newer attorney.
Two courtesy copies required for briefs and supporting documents; one copy for other documents.
Courtesy copies for sealed documents must be delivered by noon next business day.
Redacted version of sealed documents must be filed electronically within 7 days.
ADR communications are confidential and not open to the public.
ADR/mediation communications must not be filed or docketed.
Moving party must clearly state relief sought in letter brief.
Moving party must attach proposed order with relief details.
Parties must highlight important portions of exhibits in yellow.
Witnesses not listed in pretrial order are precluded from testifying unless good cause shown.
Fact witnesses will be sequestered unless parties agree otherwise.
Expert witness subject matter must be specified and cannot be deviated from without approval.
Defendant expert witness subject matter must be specified and cannot be deviated from without approval.
All attorneys must meet highest professional standards and be fully prepared.
Court draws no inference from decision not to have newer attorney argue.
Court draws no inference about motion importance or merits based on newer attorney participation.
Counsel must provide courtesy copies of all filings to District Judge in pro se cases with objections.
Courtesy copies must be provided to District Judge within 5 days of filing objections.
Counsel must confer on deposition designations and objections before pretrial conference; no supplementation without approval.
Party calling witness by deposition must submit highlighted deposition and cover letter identifying objections no later than 2 calendar days before trial.
Two copies of deposition transcript designations must be provided to Court when witness testifies.
Exhibits for direct examination must be provided by 6:00 p.m. day before; objections by 8:00 p.m. night before.
Unresolved exhibit objections must be raised to Court before witness is called.
Failure to comply with deposition procedures results in waiver of testimony or objections.
Demonstratives for opening statements must be exchanged by 8:00 p.m. two nights before, with objections due by noon the day before.
Direct examination demonstratives must be provided by 6:00 p.m. the night before, with objections due by 8:00 p.m.
Demonstratives must be provided in PDF format, except videos/animations which require DVD/CD.